HomeMy WebLinkAboutMinutes - City Council - Regular - 1/22/1998CITY OF LUBBOCK
REGULAR CITY COUNCIL MEETING
January 22, 1998
8:00 A. M.
The City Council of the City of Lubbock, Texas met in regular session on the 22nd
day of January, 1998, in the City Council Chambers, first floor, City Hall, 1625
13th Street, Lubbock, Texas at 8:00 A. M.
8:05 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember
Max Ince, Councilmember David Nelson, Councilmember Randy
Neugebauer, and Councilmember T. J. Patterson.
Mayor Sitton stated the Council would be holding an executive session in
accordance with V.T.C.A. Government Code, Section 551 to discuss
personnel matters (City Manager); pending or contemplated litigation
(Parks and Recreation; Police Department; Water Utilities); personnel
matters regarding duties, responsibilities, and/or appointments (Boards
and Commissions); and to deliberate the purchase, exchange, lease, or
value of real property (Fire Department).
8:10 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All councilmembers were present except Councilmember Victor
Hernandez.
( 1.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters (City
Manager).
(2.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.071(1)(A) to discuss pending or contemplated
litigation (Parks and Recreation; Police Department; Water Utilities).
(3.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1) to discuss personnel matters regarding
duties, responsibilities, and/or appointments to:
Appointments Advisory Board
Community Development and Services Board
Libraries Board
Structural Standards Commission
(4•) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.072 to deliberate the purchase, exchange, lease, or
value of real property (Fire Department).
9:35 A. M. CITY COUNCIL WORK SESSION CONVENED
Committee Room 103
( 5•) Presentation of requests for the mid -year reallocation of Community
Development Block Grant and HOME funds by Doug Goodman,
Managing Director of Health and Community Services.
Regular City Council Meeting
January 22, 1998
Page 28
( 6.) Presentation on Comprehensive Annual Financial Report (CAFR) for
the fiscal year ending September 30, 1997 by John Burdette of
Robinson Burdette Martin & Cowan, L.L.P.; Anna Mosqueda,
Director of Finance; Betsy Bucy, Finance Manager; and Jimmy
Rodriguez, Accounting Manager.
10:46 A. M. CITY COUNCIL REGULAR MEETING RECONVENED
City Council Chambers
Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councihnember
Max Ince, Councihnember David Nelson, Councihnember Randy
Neugebauer, Councihnember T. J. Patterson, City Manager Bob
Cass, City Attorney Anita Burgess, and City Secretary Kaythie
Darnell
Absent: Councilmember Victor Hernandez
Mayor Sitton called the meeting to order at 10:46 A. M.
( 7.) The Invocation was given by Reverend Bobby McMillan, St. John's
United Methodist Church.
( 8.) Pledge of Allegiance was given in unison by those in the City Council
Chambers.
BOARD APPOINTMENTS RECOGNITION
Housing Finance Corporation
Receiving: Jacque Garcia
Ms. Garcia was unable to attend to accept this recognition.
CITIZEN APPEARANCES
( 9.) Special Recognition presented to Shirley Christian.
Shirley Christian has been the first woman Board Chair of the Lubbock
Chamber of Commerce. During her tenure, she has been very successful
in serving as an advocate for the businesses and residents of Lubbock.
She has dedicated her time, energy, and resources to improving
Lubbock's quality of life. This Special Recognition commended her
efforts and wished her continued success in her future endeavors.
(10.) Presentation of Texas Municipal League's Municipal Excellence
Award to Mayor Windy Sitton for the City of Lubbock's "Red for a
Reason" campaign.
The City of Lubbock was one of only two cities statewide to receive the
Municipal Excellence Award for Communications at the recent TML
annual meeting in Fort Worth. Lubbock's award was in the category of
cities with more than 25,000 population.
"Red for a Reason" is a public safety campaign aimed at informing
Lubbock citizens about the widespread problems of drivers running red
lights. The campaign educates drivers about the consequences of
running red lights and the enforcement of the city's ordinance against
running red lights.
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Regular City Council Meeting
January 22, 1998
Page 29
The campaign was a joint effort of the city's Traffic Engineering, Public
Information, Municipal Court, and Police Departments. Also assisting
in the campaign were Texas Department of Public Safety, Texas
Department of Transportation, and Lubbock Independent School
District. The Lubbock media was also instrumental in raising public
awareness of this life-saving campaign.
The effectiveness of the campaign can be best measured in numbers —
_ between January 11 and April 30, 1996, accidents caused by red light
runners decreased by 21 % from the same time period during the
previous year. Citations increased by nearly 90% over the previous
year.
Councilmember T. J. Patterson, President of TML, presented this award
to Mayor Sitton.
(11.) Presentation of the Government Finance Officers Association
(GFOA) Certificate of Achievement for Excellence in Financial
Reporting for Comprehensive Annual Financial Report for 1996.
The City of Lubbock's Comprehensive Annual Financial Report (CAFR)
for the fiscal year ending September 30, 1996 has been awarded the
GFOA Certificate of Achievement for Excellence in Financial Reporting
for the last thirteen consecutive years (fiscal years ended 1984-1996).
The Certificate of Achievement is a prestigious national award,
recognizing conformance with the highest standards for preparation of
state and local government financial reports.
In order to be awarded a Certificate of Achievement, a governmental
unit must publish an easily readable and efficiently organized CAFR,
whose contents conform to program standards. The CAFR must satisfy
both generally accepted accounting principles and applicable legal
requirements. A Certificate of Achievement is valid for a period of one
year only and must be earned each year.
Anna Mosqueda introduced Nell Lange, Director of Finance, City of
McKinney, and President of Texas GFOA, who presented the award on
behalf of GFOA. After brief comments regarding the award and its
significance, Nell Lange presented the award to Mayor Sitton, who
accepted on behalf of the City of Lubbock.
(12.) Presentation of update on activity of the Planning and Zoning
Commission by Molly Irvin, Chair.
The Planning and Zoning Commission approves plats and hears zone
cases regarding zone changes and other matters that affect the growth
and development of the community. Zone cases that are considered by
the Commission are presented to the City Council for final approval.
The Commission consists of nine members and meets each month.
CITIZEN COMMENTS
Councilmember Nelson gave his Top Ten list.
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Regular City Council Meeting
January 22, 1998
Page 30
Five citizens expressed comments to the Council. They were:
Max Winn
Cecil Puryear
Blas Mojica
Mikel Ward
Gary Bennett
CONSENT AGENDA (Items No. 13 - 29)
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to approve all items on consent agenda as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(13.) Approval of the minutes of the Regular City Council Meeting of
January 8, 1998.
(14.) Consider Ordinance No. 10045 establishing the date of the 1998
Regular Municipal Election of the City of Lubbock (first reading).
ORDINANCE NO. 10045
AN ORDINANCE ESTABLISHING THE DATE OF THE 1998 REGULAR
MUNICIPAL ELECTION OF THE CITY OF LUBBOCK; AUTHORIZING THE
MAYOR TO ORDER THE 1998 REGULAR MUNICIPAL ELECTION OF THE
CITY OF LUBBOCK; AND PROVIDING AN EFFECTIVE DATE.
This ordinance establishes May 2, 1998 as the date of the 1998 Regular
Municipal Election. The election will be for the purpose of filling the
expired terms of the Mayor, Councilmembers from Districts 1, 3, and 5,
and the Municipal Court Judge.
The City Secretary recommended approval of this ordinance.
(15.) Consider Ordinance No. 10046 amending Chapter 8 of the Code of
Ordinances of the City of Lubbock with regard to voting precinct
boundaries (first reading).
ORDINANCE NO. 10046
AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING THE
LANGUAGE OF SECTION 8-4 WITH REGARD TO VOTING PRECINCT
BOUNDARIES, VOTING PLACES, AND VOTING DISTRICTS AS REQUIRED BY
STATE LAW DUE TO APPROVAL OF CHANGES TO CERTAIN LUBBOCK
COUNTY PRECINCTS BY THE U. S. JUSTICE DEPARTMENT; PROVIDING A
MAP OF THE VOTING PRECINCTS AND DISTRICTS OF THE CITY OF
LUBBOCK; PROVIDING THAT ALL PORTIONS OF CHAPTER 8 NOT
AMENDED SHALL REMAIN THE SAME; PROVIDING A SAVINGS CLAUSE;;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Lubbock County received notification on January 5, 1998 that the U. S. —
Justice Department interposed no objection to certain precinct boundaries
in connection with state legislative redistricting. The City of Lubbock is
required by the State Election Code to align its voting precincts with
those of Lubbock County except where the city limits line intervenes.
These changes will not affect any voters at the present time and will not
become effective until five months after final passage of this ordinance.
These changes will affect only Voting Precinct No. 52 and create a new
Precinct No. 107. The new Precinct No. 107 will be created from
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Regular City Council Meeting
January 22, 1998
Page 31
territory previously contained in Precinct No. 52, both of which are
included in Council District No. 4. However, the new Precinct No. 107
contains no voters at the present time.
Staff recommended approval of this ordinance.
(16.) Consider Resolution No. 5743 authorizing the Mayor to execute a
street and alley use license with Larry Simmons for two canopies,
five trees, and two street lamps adjacent to Block 231, Original Town
Addition (1812 Avenue G).
RESOLUTION NO. 5743
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Street and Alley Use
License with Larry Simmons, attached hereto and which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
A copy of the Street and Alley Use License is filed with Resolution 5743.
This street and alley use license allows Mr. Simmons to erect two
canopies, one along the west side of Avenue G and the other in the
north -south alley west of Avenue G, and five trees and two street lamps
in the west parkway of Avenue G south of 18th Street. The first canopy
will measure 10'x25' and will be erected adjacent to Lots 16 and 17,
Block 231, Original Town Addition in the west parkway of Avenue G.
The second canopy will be erected in the east side of the north -south
alley which runs through Block 231 adjacent to lots 16 and 17 and will
measure 6'x14'. These two canopies total 334 square feet, and the
charge for them will be 334 square feet x $2.00 per square feet x 75 % x
10% = $50.10 per year, according to the street use license formula for
aerial encroachments. This license will also allow five trees and two
street lamps adjacent to Lots 17-23, Block 231 in the west parkway of
Avenue G. The charge for these seven street encroachments will be 7 x
4 square feet = 28 square feet x $2.00 per square feet x 10% = $5.60
per year. Therefore, the total charge for these encroachments will be
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Regular City Council Meeting
January 22, 1998
Page 32
$50.10 + $5.60 = $55.70 per year, or $278.50 for a five-year period.
This license will be for 20 years.
The Right -of -Way Department recommended the approval of this street
and alley use license.
(17.) Consider Resolution No. 5744 authorizing the Right -of -Way
Department to make offers to thirteen property owners for eleven
parcels of right-of-way for the 82nd Street widening project (82nd
Street, I-27 westward to Avenue U).
RESOLUTION NO. 5744
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public
needs, safety and welfare demand and create a public necessity for the acquisition of
additional land for municipal public use and purposes, to -wit: for the widening of 82nd
Street, and the City Council of said City finds it in the public interest and for public
purposes and municipal purposes to proceed with the acquisition of lands as needed for
such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple title to each of the following described
parcels of land located in Lubbock County, Texas, be acquired for public purposes and
municipal purposes as set forth in the preamble hereof, to -wit:
PARCEL NO. OWNER'S NAME AMOUNT
N-2, 4, 5, 6 Dan Field $ 24,750.00
N-3 John A. and Lynda Mason $ 5,000.00
N-7 Earl K. Dean $ 5,000.00
N-11, 15B Glen D. and Mary Joan Adkins $ 7,625.00
N-13 Hazel Larue Franklin Mathis,
Jack M. Mathis, Jimmie Don Franklin,
& Rickey Floyd Franklin $ 3,750.00
N-14 Margaret Jane Prather and
Jeffrey Dale Prather $ 4,500.00
N-20 Jesus H. Cavazos $ 6,500.00
SECTION 2. THAT the above -described parcels of land whose acquisition is
herein authorized are more particularly described in exhibits attached to this Resolution
and incorporated herein as part of this Resolution.
SECTION 3. THAT the owners of the above -described parcels of land BE
offered, through the Right -of -Way Department of the City of Lubbock, the amount
hereinabove indicated for their respective parcel(s), which is the amount appraised as
the value and total damages for the fee simple title and acquisition of said real estate,
for the use and benefit of the City of Lubbock, Texas, for the purposes herein stated,
and unless accepted forthwith, the City Attorney of said City of Lubbock is hereby
authorized and instructed to institute condemnation (eminent domain) proceedings to
acquire the fee simple title to any or all such parcels as hereinabove described for
public purposes and municipal purposes.
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Regular City Council Meeting
January 22, 1998
Page 33
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ed Bucy
Ed Bucy, Right -of -Way Agent
APPROVED AS TO FORM:
/s/ Harold Willard
Harold Willard, Assistant City Attorney
Copies of the Exhibits are filed with Resolution 5744.
For several years, the widening of 82nd Street from I-27 to Avenue P
has been in the planning and funding stages. Bond money and State fund
participation has allowed the City to begin work on this major road -
widening project. Originally, ten feet of right-of-way was to be taken
for the north side of the street, and fifteen feet of right-of-way was to be
taken for the south side of 82nd Street. However, the State has
redesigned this road project due to a large diameter gas line in the south
side of the road and shifted this whole road northward 35 to 40 feet or
more. Therefore, the majority of the parcels will be coming from the
north side of 82nd Street and will involve whole takings. All the parcels
are residential with the exception of a Town & Country Convenience
Store. There are approximately 37 parcels of land to acquire with 27
owners.
This resolution asks for approval of offers to thirteen owners for eleven
parcels of land, which are all residential vacant lots. This resolution
states the parcel number, the owner(s) name, and the appraised amount
that they will be offered. This resolution authorizes the Right -of -Way
Department to offer the property owners this appraisal amount and
authorizes proceeding with eminent domain, if the offers are not
accepted.
The Right -of -Way Department recommended the approval of the City's
offer to all thirteen property owners and authorization to proceed with
eminent domain, if the offers are not accepted.
(18.) Consider Resolution No. 5745 accepting street maintenance
improvements constructed by Lipham Construction Company, Inc.
under the 1997 Street Maintenance Program.
RESOLUTION NO. 5745
RESOLUTION ACCEPTING PAVING IMPROVEMENTS ON A PORTION
OF CITY STREETS AS DESCRIBED BELOW:
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Regular City Council Meeting
January 22, 1998
Page 34
WHEREAS, The City of Lubbock awarded a contract January 9, 1997,
authorizing the construction of street maintenance improvements by Lipham
Construction Company, Inc. on City streets; and
WHEREAS, the improvements upon the said portions of the City streets have
been inspected and found to have been constructed according to the approved plans and
specifications; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: _.
SECTION 1. THAT the improvements on said portions to the City streets
indicated on the attached list BE and the same are hereby accepted and the City Street
Superintendent BE and he is hereby authorized to direct final payment to the Contractor
in the amount of $27,173.72.
SECTION 2. THAT this Resolution shall take effect in force from and after its
passage.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Don Jennings
Don Jennings, Street Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A List of Streets Improved is filed with Resolution 5745.
This item is a routine acceptance of the 1997 Street Maintenance
Program, which consisted of single -course and two -course surface
treatment on all streets listed in the acceptance resolution. The contract
amount was $1,713,411.80. Final contract price is $1,638,487.25.
Final payment due the contractor upon acceptance is $27,173.72.
The Street Department recommended the approval of this routine
acceptance and the release of the final $27,173.72 of the contract to the
contractor.
(19.) Consider Resolution No. 5746 authorizing the Mayor to sign a
contract with Lubbock Regional MHMR Center, dba L&D
Industries of Lubbock, for landfill litter pick up.
RESOLUTION NO. 5746
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
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Regular City Council Meeting
January 22, 1998
Page 35
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for Landfill
Litter Pickup by and between the City of Lubbock and Lubbock Regional MHMR
Center, dba L&D Industries of Lubbock, attached herewith, and any associated
documents, which Contract shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Debra Frankhouser
Debra Frankhouser, Interim
Solid Waste Superintendent
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
A copy of the Landfill Litter Pickup Contract is filed with Resolution 5746.
State regulations require that "windblown material and litter shall be
collected and returned to the active disposal area or working face as
necessary to minimize unhealthy, unsafe or unsightly conditions". In
order to maintain compliance with this requirement, the City of Lubbock
Solid Waste Department utilizes temporary workers and laborers from
the Lubbock Regional MHMR Center to provide litter pickup on an as
needed basis.
Staff recommended that Council authorize the Mayor to execute the
contract between Lubbock Regional MHMR and the City of Lubbock for
litter pickup.
(20.) Consider Resolution No. 5747 authorizing the City Manager to
approve a joint application with the City of Lamesa for a State -
administered, Federally funded grant for the continuation of the
South Plains Regional Narcotics Task Force.
RESOLUTION NO. 5747
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City a joint application with the City of
Lamesa for grant funding and related documents for the State of Texas, Office of the
Governor, Criminal Justice Division for State and Federal assistance for operation of
the South Plains Regional Narcotics Task Force to combat narcotics and illegal
substances trafficking. The City Council hereby agrees to its share of a cash match of
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Regular City Council Meeting
January 22, 1998
Page 36
$95,007.00 from the City to fund its share of 25 % of the Project, as required by the
State of Texas in order to be eligible to receive such State and federal assistance; and
THAT in the event of loss or misuse of funds of the State of Texas, Office of
the Governor, Criminal Justice Division, provided pursuant to said joint application
with the City of Lamesa for grant funding, this Council assures that its share of funds
will be returned to the Criminal Justice Division.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan T. Saluri
Dan T. Saluri, Assistant City Attorney
A copy of the Joint Application for Grant Funding is filed with Resolution 5747.
The grant application is being made in conjunction with the Governor's
Anti -Drug Abuse Program. The 52 law enforcement agencies
represented in the South Plains region cover some 10,000 square miles
and are responsible to approximately 300,000 people located in twelve
counties. Narcotic trafficking on the South Plains should be considered
multi jurisdictional, with the success of each individual law enforcement
agency in its operation having a direct effect on criminal activity in
neighboring jurisdictions. Illegal narcotic trafficking is a regional
program requiring regional coordination.
The citizens of the twelve county region, including the City of Lubbock,
would greatly benefit from this program. By identifying transient
narcotic dealers and coordinating efforts to monitor their activities, the
program will facilitate an effective impact on the narcotic problem in the
twelve county region.
Further, the task force will maintain an effective communications
network with local jurisdictions concerning criminal violator activity.
This approach will be promoted by an effective coordination of
enforcement priorities and an efficient violator apprehension program
working closely with the Drug Enforcement Administration, Department
of Public Safety, County and City law enforcement agencies. The unit
would also lend investigative support to location jurisdictions.
The grant application must be received by the Governor's Office,
Criminal Justice Division, no later than 5 p.m. February 17, 1998.
Awards for the grant have been set for June 1, 1998. The total request
for funding is $423,595, with the City's contribution being $95,007.
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Regular City Council Meeting
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Page 37
This is the required 25 % match for the total grant and will come from
our seized asset funds.
To assure compliance with the requirements of the program, each
participating agency must sign an Interlocal Cooperation Agreement with
the City of Lubbock.
Because this grant application consists of approximately 100 pages, staff
did not include it in council's agenda backup. It is on file in the City
Secretary's office for review.
The Police Department recommended approval of this resolution.
(21.) Consider Resolution No. 5748 authorizing the Mayor to execute an
Interagency Agreement for law enforcement purposes for the
investigation and prevention of narcotic and drug related laws of the
State of Texas by and between the City of Lubbock and the City of
Lamesa, Texas.
RESOLUTION NO. 5748
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
That the City Manager of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interagency Agreement
to develop a narcotics task force for law enforcement purposes, by and between the
City of Lubbock and the City of Lamesa, attached hereto, and which Agreement shall
be spread upon the minutes of the Council and as spread upon the minutes of the
Council shall constitute and be a part of this Resolution as if fully copied herein.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Ken A. Walker
Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
/s/ Dan T. Saluri
Dan T. Saluri, Assistant City Attorney
A copy of the Interagency Agreement is filed with Resolution 5748.
The Interagency Agreement is being made in conjunction with the
Governor's Anti -Drug Abuse Program. As a recipient of a Texas
Narcotics Control Program Grant, one requirement is that each
participating agency enters into an Interagency Agreement. This is to
assure compliance with the various mandates of the program placed upon
the participating agencies.
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Regular City Council Meeting
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The execution of this agreement will also allow City of Lubbock police
officers to work outside their normal jurisdictional boundaries in
furtherance of the goals of the program and making the enforcement
effort multi jurisdictional.
The Police Department recommended approval of this resolution.
(22.) Consider Resolution No. 5749 ratifying the submission of the
Economic Development pre -application in the amount of $1,587,000
for the design, engineering and construction of the sewer
interconnect between Reese Center and the City of Lubbock sewer
system, and authorizing the City Manager to sign the official
application for the grant from the Economic Development
Administration.
RESOLUTION NO. 5749
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock an Application for a
Grant from the Economic Development Administration and ratifies the submission of
the pre -application for funding of design, engineering, and construction of the sewer
interconnect between Reese Center and the City of Lubbock sewer system, this being
necessary infrastructure required to redevelop Reese Center, Pre -Application attached
herewith, and any associated documents, which Pre -Application shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Kevin Walker
Kevin Walker, Business Liaison Officer
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Grant Application is filed with Resolution 5749.
The Lubbock/Reese Redevelopment Authority (LRRA) and the City of
Lubbock submitted a joint pre -application to the Economic Development
Administration in the amount of $2,116,000 for the sewer interconnect
between Reese Center and the City of Lubbock sewer system. The grant
from the Economic Development Administration will be $1,587,000;
City of Lubbock - $309,000, and the State of Texas Defense Economic
Adjustment Grant - $220,000. Since the submission of the pre-
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application, the Economic Development Administration has invited the
City and LRRA to submit a full application for the project.
The Economic Development Administration has requested that the
persons signing the application remain the same as the pre -application.
The pre -application was signed by both the City Manager and Eddie
McBride, LRRA. Staff needed authorization from the City Council for
the City Manager to sign the official application for the Economic
Development Administration grant.
Staff recommended approval of the resolution authorizing the City
Manager to sign the application to the Economic Development
Administration.
(23.) Resolution No. 5750/RFP #97217--Temporary Employment Services
(Human Resources)
RESOLUTION NO. 5750
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock agreements and all related
documents by and between the City of Lubbock and G. Boren Services to provide
temporary employee services for the City of Lubbock. Said Agreement is attached
hereto, and incorporated in this resolution as if fully set forth herein and shall be
included in the minutes of the City Council.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Mary Andrews
Mary Andrews, Managing
Director of Human Resources
APPROVED AS TO FORM:
/s/ William D. de Haas
William D. de Haas
Assistant City Attorney
A copy of the Temporary Employee Services Contract is filed with Resolution 5750.
The City utilizes approximately 25 to 35 technical/clerical temporaries
per year. Each technical/clerical temporary works from a few days to
several weeks. The majority of requests are two to six weeks in
duration. The City also utilizes approximately 90 to 150 trades/labor
positions per year. The majority of these workers are utilized during the
summer months as seasonal workers and work from about the middle of
May through the middle of September.
we,
Regular City Council Meeting
January 22, 1998
Page 40
Seven temporary employment firms submitted proposals to the City of
Lubbock for temporary employment services. These firms are:
A Temps, Inc. of Houston, Texas
Express Personnel of Lubbock, Texas
G. Boren Services of Lubbock, Texas
Kelly Services of Lubbock, Texas
Olsten Staffing Services of Lubbock, Texas
Temporary Help Services, Inc. of Lubbock, Texas
VIP Employment/SOS Staffing of Lubbock, Texas
The City Temporary Employee Services budget amount is $1,066,220.
G. Boren Services is recommended by the evaluation committee to
service all three job categories (Clerical, Trades I and Trades II) of the
temporary employment contract. G. Boren Services not only submitted
the lowest hourly rates in all three job categories, but also demonstrated,
both in the RFP and during the committee's site visit, its ability to meet
or exceed the specifications.
(24.) Resolution No. 5751/RFP #97244--Architectural Services for
Renovation of the Depot Building (Facilities Management)
RESOLUTION NO. 5751
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract and all related
documents by and between the City of Lubbock and McKinney Architects, Inc., for
architectural services for renovation of the Depot building, which contract is attached
hereto, which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Gary Smith
Gary Smith, Facilities Manager
APPROVED AS TO FORM:
/s/ Anita E. Burgess
Anita E. Burgess, City Attorney
A copy of the Contract is filed with Resolution 5751.
.e
Regular City Council Meeting
January 22, 1998
Page 41
Ten architectural firms submitted proposals to the City of Lubbock for
architectural services for renovation of the Historic Fort Worth and
Denver Depot Building. These firms include:
Adling Associates of Lubbock, Texas
ArchiTexas of Dallas, Texas
Compliance Services Group of Lubbock, Texas
Condray Design Group of Lubbock, Texas
Joe McKay Architects of Lubbock, Texas
Keystone/Green Harvey & Associates of Lubbock, Texas
Landress Architecture of Lubbock, Texas
McKinney Architects, Inc. of Austin, Texas
McLarty Baker Associates of Lubbock, Texas
Parkhill, Smith & Cooper of Lubbock, Texas
A selection committee was appointed and approved by the City Manager
to review and rate the proposals submitted by the firms listed above.
The top three finalists (McKinney Architects; Parkhill, Smith & Cooper;
and ArchiTexas) were invited to give an oral presentation.
This was a difficult decision because all of the proposals were found to
be prepared in a professional manner and showed that this area has a
talented group of professional consultants available. The Depot project
will require familiarity with requirements of sound preservation practices
and specific experience with the functional aspects of a museum, quality
lighting and design. The committee felt the methodology and concept of
the work to be performed by McKinney Architects, Inc. was most
satisfactory. The personnel qualifications of McKinney Architects, Inc.
are extensive and diverse. They displayed a good understanding of the
special out -of -the -ordinary needs that would be required in the City's
project. In addition, McKinney is working in association with two
Lubbock firms, Driskill & Hill Architects and Allied Associates
Engineering Consultants. These local team members have significant
understanding of the needs and contexts of both the Buddy Holly Exhibit
and the Depot District Concept. Three references given by McKinney
Architects, Inc. were contacted, and all gave excellent reports on the
firm. The construction budget amount for this project, including
architectural and engineering services, is $1,238,974. The negotiated
fee from McKinney Architects, Inc. is $85,000 or 7.4%. The selection
committee recommended McKinney Architects, Inc. be engaged to
perform the architectural engineering services as required for the
Historic Ft. Worth and Denver Depot.
(25.) Bid #97259--Distribution Transformers (Electric Distribution)
This bid establishes annual pricing of transformers for use in the
expansion and maintenance of the LP&L electric distribution system.
This bid provides both pole mounted transformers used on aerial lines as
well as pad mounted transformers used with underground lines. The
Capital Outlay -Line Transformers budget amount is $600,000.
The bid evaluation ranked each transformer based on a total 20-year life -
cycle cost using industry standards. Bids that are within three percent of
the lowest evaluated cost are considered equal and are ranked according
to price. Bids with the lowest 20-year life -cycle cost are from the
following companies:
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Regular City Council Meeting
January 22, 1998
Page 42
Priester Supply Company, Inc. of Amarillo $113,807.00
Techline, Inc. of Amarillo
93,289.00
Preferred Sales Agency, Inc. of Carthage
87,335.00
Temple, Inc. of Lubbock
83,117.00
Wesco Distribution, Inc. of Amarillo
43,991.00
J. J. Electric Agent, Inc. of Amarillo
9,548.00
Cummins Utility Supply of Amarillo
5,923.20
(26.) Resolution No. 5752/Bid #97269--On-Line Particle Counters (Water
Treatment)
RESOLUTION NO. 5752
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and between
the City of Lubbock and Hach Company of Loveland, Colorado, to install and furnish
all materials and services as bid for the On -Line Particle Counters, and any associated
documents, attached hereto, which Contract shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Victor Kilman
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
/s/ William D. de Haas
William D. de Haas
Assistant City Attorney
CONTRACT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 22nd day of January, 1998, by
and between the City of Lubbock, County of Lubbock, State of Texas, acting by and
through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Hach Company, of the City of Loveland, County of Larimer, and the
State of Colorado, herein termed CONTRACTOR.
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Regular City Council Meeting
January 22, 1998
Page 43
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the
construction of certain improvements described as follows:
BID #97269 - FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE
WATER TREATMENT PLANT - $88,360.00
and all extra work in connection therewith, under the terms as stated in the contract
documents, and at his (or their) own proper cost and expense to furnish all materials,
supplies, machinery, equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
THE CONTRACTOR hereby agrees to commence work within ten days after
the date written notice to do so shall have been given to him and to substantially
complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract in accordance with the bid submitted therefore, subject to
additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement in Lubbock, Lubbock County, Texas in the year and day first above written.
ATTEST:
/s/ Kaythie Darnell
Secretary
APPROVED AS TO CONTENT:
/s/ Gary Essary
Owner's Representative
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
City Attorney
ATTEST:
Corporate Secretary
/s/ Patricia M. Smith
CITY OF LUBBOCK, TEXAS (OWNER)
/s/ Windy Sitton
MAYOR
CONTRACTOR:
Hach Company
By: /s/ Jerry M. Churchill
PRINTED NAME: Jerry M. Churchill
TITLE: Vice President, Domestic
Sales & Service
COMPLETE ADDRESS:
Hach Company
P.O. Box 389
Loveland, Colorado 80539
- This project involves furnishing and installing on-line particle counters at
the Water Treatment Plant. The particle counters will be installed on the
raw water, settled water, effluent water lines and on each of the
individual filters.
The Water Treatment Particle Counters Capital Project budget amount is
$150, 000.
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Regular City Council Meeting
January 22, 1998
Page 44
The low bid is $88,360 from Hach Company of Loveland, Colorado.
(27.) Bid #97290--Water Meters, Annual Pricing (Water Utilities)
This bid establishes annual pricing for various water meters used
throughout the city. Water meters are used for billing the residential,
commercial, industrial, and contracted wholesaler for the amount of
water measured through the meter. The water meter also serves as the
means for which wastewater disposal is billed. Part of the revenue
generated on an annual basis for Water Utilities is from water sales and
sewer disposal charges.
The Water Meter Replacement budget amount is $200,000.
The low bids are from the following companies:
Master Meter of Longview, TX $140,819.00
Western Industrial of Lubbock, TX 51,062.53
(28.) Bid #97304--Electrical Cable and Conductor (Central Warehouse)
This bid is for various types of underground electrical cable and
conductor used to provide primary and secondary electric services to
various projects, including new subdivisions and commercial projects, as
well as maintenance of existing systems.
The Underground Distribution Capital Project budget amount is
$136,793.
The low bids are from the following companies:
WESCO of Amarillo, Texas $107,335
Temple, Inc. of Lubbock, Texas 21,480
Cummins Utility Supply of Amarillo, Texas 2,695
(29.) Bid #97307--Lubbock Power and Light Billing Envelopes (LP&L)
This bid is for envelopes used by LP&L to mail customer utility bills for
services rendered by several enterprise funds. Customers are also
provided with return envelopes in order to remit payments for those
services. The #10 Envelopes were bid with different advertising styles
or motif on each quantity of 250,000.
The Customer Service -Office Supplies budget amount is $29,616.
The low bid is $23,980 from Midtown Printing and Graphics of
Lubbock, Texas.
Staff recommended award of each of the bids to the bidder as indicated
on the tabsheets and award of each contract as shown on the resolutions.
REGULAR AGENDA
PUBLIC HEARINGS
(30.) Ordinance No. 10047 - Zone Case No. 2556-A (2600 81st Street):
Hold a public hearing to consider request of Bobby McQueen for
zoning change from GO to R-2 for duplexes on Lots 106 through 114,
Gatewood Addition.
Regular City Council Meeting
January 22, 1998
Page 45
ORDINANCE NO. 10047
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2556-A: A ZONING CHANGE FROM GO TO R-2
FOR DUPLEXES ON LOTS 106 THROUGH 114, GATEWOOD ADDITION,
LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:30 a.m. Bobby McQueen
appeared to present the zone change. No one appeared in opposition.
Mayor Sitton closed the hearing at 11:40 a.m.
The background for zoning on these lots was originally R-2, then GO,
and now a return to R-2. The lots were rezoned in the initial rush to the
new GO District ten years ago for areas that had not experienced any
development. Adjacent land uses:
North - residential
South - apartments and commercial
East - R-2 zoning - vacant
West - R-1 zoning - (These lots were rezoned from
GO back to R-1 several years ago)
The request is compatible with both Comprehensive Land Use Plan and
Zoning Policies. This row of lots will buffer the R-1 lots to the north.
A number of those residents objected in writing to the proposal;
however, none attended the hearing. The proposal should have no
negative effect on the existing thoroughfare system.
The request was approved by the Planning and Zoning Commission.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Patterson, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10047 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(31.) Ordinance No. 10048 - Zone Case No. 922-C (5001 Avenue Q): Hold
a public hearing to consider request of Henry Huneke (for H. A.
Sessions) to amend the conditions of Ordinance No. 9298 to permit
nightclubs, bars or lounges on Lot 2, Huneke Addition.
ORDINANCE NO. 10048
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 922-C; A ZONING CHANGE AMENDING THE
CONDITION OF ORDINANCE NO. 9298 TO PERMIT NIGHTCLUBS, BARS, OR
LOUNGES IN A C-4 ZONE ON LOT 2, HUNEKE ADDITION, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:41 a.m. Henry Huneke
appeared on behalf of H. A. Sessions to present the zone change. No
one appeared in opposition. Mayor Sitton closed the hearing at 11:48
a.m.
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Regular City Council Meeting
January 22, 1998
Page 46
Several years ago, the KoKo Corner Shopping Center was rezoned to
clean up a number of outdated conditions on the property. It is zoned
C-4 with a list of excluded uses; one of the "strikes" for permitted uses
is bars. Since that time, one of the tenants that initially was a restaurant
has slipped below the threshold of a restaurant by definition. While the
definition of restaurant is lengthy and does not address a percentage of
sales related to alcohol versus food, several court cases have defined
alcohol as an accessory use when less than 50% of revenues are derived
from alcohol sales. The Lubbock Zoning Code definition for
"restaurant" includes having all the utensils for cooking, food and
condiments, a full menu, and a cook that does not double as a waiter or
bartender from opening until eleven p.m. The business seeking this
ordinance amendment does not meet either of these criteria.
Many smaller establishments in various parts of the City that originally
operated within the definition of restaurant have been pressured by the
intense competitiveness of restaurants and find that their customers have
little or no interest in the purchase of food. Environmental Inspection
Services has on -going discussions with several other establishments.
Henry Huneke presented the request. He related that the business has
been in the Center for years and referred to it as a "neighborhood bar"
that has caused no problems as a tenant. Adjacent land uses:
North - commercial
South - commercial
East - an elementary school - (the school is buffered
from the shopping center by Avenue P and the
shopping center is oriented toward Avenue Q)
West - commercial
The property is already zoned C-4, and the original strike was voluntary
and not an issue during that hearing. Avenue Q is a U.S. highway, so
the property meets the C-4 policy test of the Comprehensive Land Use
Plan. As such, no Comprehensive Land Use Plan issue exists. One
zoning related item was discussed. An existing bar at the Villa Inn may
be closer than the 600-foot separation required by the existing Code. A
proposed condition addresses that question.
The proposal should have no negative effect on traffic.
The request was approved by the Planning and Zoning Commission
subject to the following conditions:
1. Within the shopping center, one bar or night club not to exceed
3,000 square feet shall be a permitted use.
2. The existing conditions of Ordinance No. 9298 shall continue in
effect.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10048
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Regular City Council Meeting
January 22, 1998
Page 47
(32.) Ordinance No. 10049 - Zone Case No. 2807 (south of 98th Street and
east of Slide Road): Hold a public hearing to consider request of
Henry Huneke (for H. A. Sessions) for zoning change from R-1 to
C-4 on a portion of land out of Section 16, Block E-2.
ORDINANCE iN10. 10049
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2807; A ZONING CHANGE FROM R-1 TO C-4
ON A PORTION OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK,
TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 11:53 a.m. Henry Huneke
appeared on behalf of H. A. Sessions to present the zone change. No
one appeared in opposition. Mayor Sitton closed the hearing at 11:55
a.m.
The request generated a lot of staff discussion. The vicinity and
surrounding circumstances are important to review. Within the last year
the land area from 660 feet south of 98th (about 101 st Street) to the half
mile point (about 107th Street), east of Slide, was annexed. The land
west of Slide between 101 st and 107th Streets is not currently in the City
limits, nor is any of the land between 107th and 114th Streets. A
number of businesses already exist on Slide between 107th and 114th
Streets.
Several plats have been approved that leave the property where the zone
change is proposed as a 330 foot deep strip along the east side of Slide.
Because of a large playa lake on the west side of Slide, an approximately
400 foot deep area nearly to the half section (future 107th Street) from
the current City limit (660' south of 98th) will be isolated. That 400 foot
depth will make the property unsuitable as single-family residential and,
being outside the City, is already being sold and partially developed as
commercial. Adjacent land uses:
North - commercial, vacant
South - Church on the Rock, City limits
East - residential
West - outside City limits
The discussion for this proposal stems from the Comprehensive Land
Use Plan policy to concentrate commercial development in ten acre
quadrants (40 acre totals) at the corners of major thoroughfare
intersections, and to avoid strip development.
The circumstances created by existing and near term development on
three of the half -mile portions of Slide between 98th and 114th, as well
as this one half -mile portion, seem to provide a legitimate circumstance
for discussion of a deviation from the two policy statements. The
dilemma caused by having no control over 75 % of the mile is whether to
enforce the Plan policies for this proposed area (which indicates
residential), or recognize the circumstances and rezone the property with
an attached design review statement.
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Regular City Council Meeting
January 22, 1998
Page 48
Slide Road is a thoroughfare (farm to market road) and does marginally
qualify for the ability to have C-4 based on Comprehensive Land Use
Plan Policy. ("Commercial land uses which serve a city-wide or
regional market shall be located on regional thoroughfares or
expressways.") A representative for the adjacent property owner did
suggest that farm to market status is different from a true state or federal
highway designation. The proponent requested a strike list including:
(1) Billboard
(20) Dance hall
(25) Gameroom
(28) Golf driving range
(37) Lumber yard
(39) Mobile home sales
(43) Night club - (this land area is outside the liquor by
the drink vote, so no beverage permits will be available
for restaurants either)
(46) Portable building sales
(55) Road machinery sales
(62) Trailer and truck rental
This list is roughly equivalent to the strike list on West 19th outside
Loop 289 with the exception of used cars and used goods. The
representative for the adjacent owner indicated opposition to the C-4
proposal in general and the large number of permitted uses that remain.
Mr. Huneke indicated that the opposition from Mr. Judah was news to
him, and that he would visit with Mr. Masters or Mr. Judah to create an
amended strike list before the City Council hearing. The staff agreed
that the list was not as comprehensive as it might be to be compatible
with the adjacent residential.
Two zoning related items were discussed:
A. The standard site plan review comment should be attached; that
process will help assure quality development.
B. Curb cuts — the code formula for curb cuts will allow too many
in this 1,500 feet if the lots are platted into smaller sizes. A
condition to track the site plan review process with a review of
curb cuts should be satisfactory.
Properly monitored, the proposal should have no more effect than
expected on Slide as a part of the thoroughfare system.
Taking a pragmatic stance, the staff position is that there is no advantage
to taking issue with the request with the three conditions. Staff would
like to reiterate the Planning Department position that the
Comprehensive Land Use Plan policy limiting a majority of commercial
development to intersection of thoroughfares benefits the public and the
commercial sector. Staff would not care for this unique set of
circumstances to mislead the development sector during consideration of
zoning along other thoroughfares within the City.
The request was approved by the Planning and Zoning Commission
subject to the following conditions:
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Regular City Council Meeting
January 22, 1998
Page 49
1. A site plan, including building elevations showing materials,
color, texture, and a detailed landscape plan, shall be submitted
to the Planning and Zoning Commission for approval prior to the
issuance of a building permit.
2. The site plan review process shall include a review of proposed
curb cuts with the objective of reducing the total number between
101st and 107th Streets.
3. Provide a strike list as proposed between the proponent and the
land owner to the east as follows:
(2) Agriculture implement and tractor sales and service
(11) Billboards
(13) Builders supply
(14) Bus station
(15) Cafe supply dealer; fixtures
(19) Dairy supply dealer
(20) Dance hall
(25) Gameroom, pool, billiard and/or domino parlor
(28) Golf driving range
(34) Laboratory, chemical, general analysis
(35) Laundry, commercial
(36) Linen and towel supply service
(37) Lumber yard, with no mill
(39) Mobile home sales
(40) Monument sales
(43) Nightclub, bar or lounge
(46) Portable building sales
(49) Public kennel
(55) Road machinery sales and service
(57) Secondhand or used car sales lot
(58) Sign shops
(59) Store fixture sales
(61) Trailer and truck sales, rental or service
(62) Trailer and truck rental utility
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass on first reading Ordinance No. 10049 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(33.) Ordinance No. 10050 - Zone Case No. 2808 (6409 19th Street): Hold
a public hearing to consider request of Keith Leano for zoning
change from C-2 and C-3 to C-3 Specific Use for an oil change
facility on the north 211.84 feet of Tract A4-A, Milwaukee Place.
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Regular City Council Meeting
January 22, 1998
Page 50
ORDINANCE NO. 10050
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 2808; A ZONING CHANGE FROM C-2 AND C-3
TO C-3 SPECIFIC USE ZONING FOR AN OIL CHANGE FACILITY ON THE
NORTH 211.84 FEET OF TRACT A-4-A, MILWAUKEE PLACE ADDITION,
LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
Mayor Sitton opened the public hearing at 12:03 p.m. Keith Leano
appeared to present the zone change. No one appeared in opposition.
Mayor Sitton closed the hearing at 12:05 p.m.
The request will clean up a small area of C-2 that was attached to the
larger C-3 area because of a replat. The Specific Use request will
provide either one or two sign locations that are within the limits set by
the sign code except for side setback. Adjacent land uses:
North - 19th Street, Commercial
South - commercial
East - commercial
West - commercial
The request meets Comprehensive Land Use Plan policies and should
have no negative effect on the thoroughfare system.
The request was approved by the Planning and Zoning Commission
subject to the following condition:
The Specific Use permit is related to sign locations. Otherwise,
the property is open C-3.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Ince, seconded by Councilmember
Patterson to pass on first reading Ordinance No. 10050 as recommended
by staff. Motion carried: 5 Yeas, 0 Nays. Councilmember Neugebauer
had stepped away from the dais.
(34.) Ordinance No. 10051 - Zone Case No. 921-L (South of 50th Street
and west of Avenue Q): Hold a public hearing to consider request of
Bill W. Cantrell (for Community Court Clubs, Inc.) for zoning
change from A-1 and AM to R-1 Specific Use for townhomes on a
portion of Tract 2-E out of Section 3, Block E.
ORDINANCE NO. 10051
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND _
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
CHANGES: ZONE CASE NO. 921-L; A ZONING CHANGE FROM A-1 AND AM
TO R-1 SPECIFIC USE ZONING FOR TOWNHOMES ON A PORTION OF TRACT
2-E OUT OF SECTION 3, BLOCK E, LUBBOCK, TEXAS; SUBJECT TO
CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING FOR PUBLICATION.
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Regular City Council Meeting
January 22, 1998
Page 51
Mayor Sitton opened the public hearing at 12:06 p.m. Bill Cantrell
appeared on behalf of Community Court Clubs to present the zone
change, and Jim Eppler appeared in favor of the zone change. No one
appeared in opposition. Mayor Sitton closed the hearing at 12:15 p.m.
The request will provide for a town home "gated community" versus the
current zoning that provided for two rows of town homes with an
apartment complex in the center catering to senior citizens that would
also have been gated. Adjacent land uses:
North - commercial
South - residential
East - commercial
West - residential
The request conforms with both Comprehensive Land Use Plan Policies
and Zoning Policies. A number of residents expressed concerns for
drainage related issues in the neighborhood. Staff and the Planning
Commission advised the group that the plat and drainage plan will be on
a future agenda, and the Commission directed the staff to notify the
group when a proposal is made. The group was seemingly to present the
proposed land use but very concerned about drainage/flooding issues.
The proposal includes use of two existing dead-end streets for access to a
gated community. The existing residential area will experience an
increase in traffic that it is not used to, but it would not be above the
design capacity of the two streets. The proposed site plan indicates
access from both 52nd and 54th Streets to the three phase project. The
three phases would total 78 units. Trip generation tables for "retirement
residential" indicate that 3-4.5 vehicle trips per day are generated by one
retirement unit. The total would be from 234 to 351 trips spread over
two access points, 117 to 175 trips possibly added to each of the two
existing dead end streets. Most vehicles on the dead-end streets now are
taking a short cut to the shopping center. This development will prevent
most or all of that, for which the neighbors expressed appreciation.
As noted, the project does have a significant challenge for drainage
engineering. With a solution for those issues, the project should be an
asset to the area.
The request was approved by the Planning and Zoning Commission
subject to the following conditions:
1. Tied to site plan 921-L as presented to the Planning and Zoning
Commission.
2. Plat review notice will be mailed to the property owners within a
200 foot radius.
Randy Henson, Senior Planner, presented staff comments.
Staff supported the recommendation of the Planning and Zoning
Commission.
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to pass on first reading Ordinance No. 10051
as recommended by staff. Motion carried: 6 Yeas, 0 Nays.
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Regular City Council Meeting
January 22, 1998
Page 52
(35.) Zone Case No. 2806 (2103 34th Street): Hold a public hearing to
consider request of Ike Garner for zoning change from C-2 to C-4
for a secondhand goods store on Lot 1 and the east 120 feet of Lot 2,
McGee Addition, and to consider ordinance.
Mayor Sitton opened the public hearing at 12:25 p.m. Ike Garner
appeared to present the zone change, and John Langley appeared in favor
of the zone change. Kyle Ashley, President of Texas Plains Federal
Credit Union, and Frank Wilson, BGR Architect Engineers, appeared
and spoke in opposition of outside sales of secondhand goods.
Mr. Garner requested that this item be continued until it could be
considered by all councilmembers (Councilmember Hernandez was
absent). Therefore, the public hearing was not closed and will be
continued until the February 12, 1998 Council meeting.
HEALTH AND COMMUNITY SERVICES
(36.) Hold a public hearing on the proposed 1998 reallocation of
Contingency Funds and Program Income under the Community
Development Block Grant Program and the HOME Program.
Mayor Sitton opened the public hearing at 12:54 p.m. Karen Worley of
the YWCA spoke at the hearing. Doug Goodman, Director of Health
and Community Services, presented staff comments. Mayor Sitton
closed the hearing at 12:57 p.m.
In order to comply with HUD requirements, Council held a public
hearing to receive input from citizens regarding the reallocation of
CDBG and HOME funds, as discussed by Council in work session.
(37.) Consider a resolution authorizing the Mayor to execute the proposal
for the 1998 reallocation of Contingency Funds and Program Income
and all related documents to the U.S. Department of Housing and
Urban Development under the Community Development Block Grant
(CDBG) Program.
Staff had originally planned to let the Community Development and
Services Board hear these recommendations in February prior to a public
hearing and Council action. The YWCA project, however, has a
deadline (Betty Wheeler was present to explain) which did not allow this.
Staff would be comfortable with an approach that awards the funding for
the YWCA project and delays action on the remaining requests until such
time as the committee reviews them and makes a recommendation to
Council.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to continue Items No. 37 and 38 until the
second meeting in February and that the Community Development
Advisory Board is hereby instructed to include in their proposal for final
council approval the reallocation of CDBG funding requested by the
YWCA at today's public hearing. This motion was not voted upon and
Councilmember Cooke withdrew his motion; Councilmember
Neugebauer withdrew his second.
Following Item No. 41, Councilmember Cooke made a motion that Items
No. 37 and 38 be continued until the second meeting in February and
that the Community Development Advisory Board is hereby instructed to
include in their reallocation plan for final council approval the
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Regular City Council Meeting
January 22, 1998
Page 53
commitment of the $100,000 requested by the YWCA in today's public
hearing for the purchase of a building. Councilmember Neugebauer
seconded the motion. Motion carried: 6 Yeas, 0 Nays.
(38.) Consider a resolution authorizing the Mayor to execute the proposal
for the 1998 reallocation of Program Income and all related
documents to the U.S. Department of Housing and Urban
Development under the HOME Program.
Motion was made by Councilmember Cooke, seconded by
Councilmember Neugebauer to continue Items No. 37 and 38 until the
second meeting in February and that the Community Development
Advisory Board is hereby instructed to include in their proposal for final
council approval the reallocation of CDBG funding requested by the
YWCA at today's public hearing. This motion was not voted upon and
Councilmember Cooke withdrew his motion; Councilmember
Neugebauer withdrew his second.
Following Item No. 41, Councilmember Cooke made a motion that Items
No. 37 and 38 be continued until the second meeting in February and
that the Community Development Advisory Board is hereby instructed to
include in their reallocation plan for final council approval the
commitment of the $100,000 requested by the YWCA in today's public
hearing for the purchase of a building. Councilmember Neugebauer
seconded the motion. Motion carried: 6 Yeas, 0 Nays.
1:00 P. M. COUNCIL RECESSED FOR LUNCH
1:50 P. M. COUNCIL RECONVENED
TRANSPORTATION SERVICES
(39.) Consider Resolution No. 5753 authorizing the Mayor to execute an
interlocal agreement to share costs associated with the Southwest to
Northwest International Trade Corridor initiative between the City
of Lubbock and the City of New Deal.
RESOLUTION NO. 5753
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative
Agreement by and between the City of Lubbock and the City of New Deal and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the
Council.
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Regular City Council Meeting
January 22, 1998
Page 54
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Amy Sims
Amy Sims, Assistant City Attorney
A copy of the Interlocal Cooperative Agreement is filed with Resolution 5753.
Lubbock continues to work with its West Texas cities and counties to
secure interlocal agreements for the possible future expansion of I-27.
Staff wants to work closely with our West Texas neighbors to form an
alliance and united front for better transportation in this region. Staff
has received interlocal agreements from Tulia, Lubbock County and
Hale County. New Deal now joins the list of interlocal agreements
received by the City of Lubbock.
Staff continues to talk to Congressman Larry Combest and feels
confident that he and other elected officials will make every effort to
obtain "high priority corridor" designation during the reauthorization of
ISTEA for this initiative. Staff wants to work closely with our West
Texas neighbors to form an alliance and united front for better
transportation in this region.
The staff will work with the remaining cities and counties along I-27 to
bring closure to the interlocal agreements with each of them.
Tommy Gonzalez, Director of Culture and Leisure Services, presented
staff comments.
Staff recommended approval of the interlocal agreement to further the
international trade initiative.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5753 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(40.) Consider Resolution No. 5754 authorizing the Mayor to execute an
interlocal agreement to share costs associated with the Southwest to
Northwest International Trade Corridor initiative between the City
of Lubbock and Swisher County.
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Regular City Council Meeting
January 22, 1998
Page 55
RESOLUTION NO. 5754
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative
Agreement by and between the City of Lubbock and Swisher County. Said Agreement
is attached hereto and incorporated in this Resolution as if fully set forth herein and
shall be included in the minutes of the Council.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Interlocal Agreement is filed with Resolution 5754.
This item is similar to the interlocal agreement with the City of New
Deal. However, the funding amounts are different. The City of New
Deal's fair share contribution is $284.01, while Swisher County's fair
share is $879.23.
Tommy Gonzalez, Director of Culture and Leisure Services, presented
staff comments.
Staff recommended approval of the interlocal agreement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5754 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
(41.) Consider Resolution No. 5755 authorizing the Mayor to execute an
interlocal agreement to share costs associated with the Southwest to
Northwest International Trade Corridor initiative between the City
of Lubbock and Randall County.
55
Regular City Council Meeting
January 22, 1998
Page 56
RESOLUTION NO. 5755
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Interlocal Cooperative
Agreement by and between the City of Lubbock and Randall County and all related
documents. Said Agreement is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Bob Cass
Bob Cass, City Manager
APPROVED AS TO FORM:
/s/ Amy L. Sims
Amy L. Sims, Assistant City Attorney
A copy of the Interlocal Agreement is filed with Resolution 5755.
This item is similar to the interlocal agreement with Swisher County.
However, the funding amounts are different. Swisher County's fair
share contribution is $879.23, while Randall County's fair share is
$10,078.70.
Tommy Gonzalez, Director of Culture and Leisure Services, presented
staff comments.
Staff recommended approval of the interlocal agreement.
Motion was made by Councilmember Patterson, seconded by
Councilmember Neugebauer to pass Resolution No. 5755 as
recommended by staff. Motion carried: 6 Yeas, 0 Nays.
Following Item No. 41, council revisited Items No. 37 and 38.
CULTURE AND LEISURE SERVICES
(42.) Consider Resolution No. 5756 authorizing the Mayor to execute a
licensing agreement between the National Windmill Project, Inc. and
the City of Lubbock for a tract of land located on a 28-acre site in
the Yellowhouse Canyon park.
we
Regular City Council Meeting
January 22, 1998
Page 57
RESOLUTION NO. 5756
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a License Agreement,
providing for the grant of a license to construct and operate a museum for the display of
windmills of historical and antiquity value, attached herewith, by and between the City
of Lubbock and National Windmill Project, Inc., and any associated documents, which
Agreement shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by City Council this 22nd day of January, 1998.
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO CONTENT:
/s/ Tommy Gonzalez
Tommy Gonzalez, Managing
Director of Culture & Leisure
APPROVED AS TO FORM:
/s/ Richard Casner
Richard Casner, Natural
Resources Attorney
A copy of the License Agreement is filed with Resolution 5756.
In 1993 the City of Lubbock entered into an agreement with the National
Windmill Project (NWP) to purchase and transport 50 historical
windmills to Lubbock from Mitchell, Nebraska with $65,000 of
hotel/motel tax funds. NWP utilized $50,000 for a portion of the
$225,000 purchase cost of the windmills, and $15,000 covered the
expense of transporting the windmills from Mitchell, Nebraska. This
request was one element of a plan to develop a windmill museum and
park.
The funding agreement had provisions ensuring the proper expense of
said funds. NWP was to:
1. Obtain funding for purchase and transport windmill collection
from Mitchell, Nebraska.
2. Properly handle storage of windmill collection.
3. Obtain sufficient funding to support construction and maintenance
of proposed museum facility on Texas Tech University campus.
4. Refund $65,000 to the City of Lubbock if the museum was not
constructed within four years.
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Regular City Council Meeting
January 22, 1998
Page 58
NWP planned to build a windmill museum on the Texas Tech University
property, adjacent to the Ranching Heritage Center and just south of the
proposed International Cultural Center. However, the land associated
with the facility on Tech property was not large enough to accommodate
the windmill collection that has grown to 173 and still counting.
Additionally, Tech's offer of use of a building in an industrial area was a
location NWP and City staff agreed would have poor visibility and
access for the public. NWP continued to search for alternate properties
to house the windmill collection and worked closely with the City of
Lubbock on finding a site. Staff reviewed the feasibility of four or five
City properties, however, due to park development needs, playa lake
development, concerns with archaeological findings, lack of available
space, etc., staff recommended the proposed site.
If NWP is unable to find a home in Lubbock for the windmill collection,
the project will probably relocate to Midland, and the $65,000 will be
returned.
The City of Lubbock has been in discussions with NWP on a proposal to
relocate their windmill collection to the Yellowhouse Canyon park
located on the north side of East Broadway and build an interactive and
interpretive center to house the collection. NWP's schedule for
relocation and construction follows:
1998. NWP will occupy existing buildings with offices and
windmills in storage. Windmills will be available for
tours. NWP will erect protective fence around outdoor
exhibits. This may be a property fence around the entire
28-acre site or a large perimeter fence around the outdoor
windmill exhibits. NWP will make parking available for
visitors. This may be dirt or gravel parking and will
construct temporary pathways to the outdoor exhibits.
Additionally, NWP will erect five to seven windmills and
construct two entrance signs, one facing Broadway and
the other facing 19th Street.
1999. Erect five to seven windmills in outdoor exhibits.
Continue to improve indoor exhibits in storage building.
Construct any fencing necessary. Begin temporary
pathways to outdoor exhibits.
2000. Erect five to seven windmills in outdoor exhibits.
Continue to improve indoor exhibits in storage building.
Construct any fencing necessary. Begin construction of
permanent pathways for outdoor exhibits.
2001. Erect five to seven windmills in outdoor exhibits.
Continue to improve indoor exhibits in storage building.
2002. Erect five to seven windmills in outdoor exhibits.
Continue to improve indoor exhibits in storage building.
2003. Erect five to seven windmills in outdoor exhibits. Begin
construction of an interpretative and interactive center
building. Rare windmills and artifacts will be displayed in
this building.
2004. Erect five to seven windmills in outdoor exhibits. NWP
will add floor space to the building.
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Regular City Council Meeting
January 22, 1998
Page 59
2005. Erect five to seven windmills in outdoor exhibits. NWP
will finish 32,000 square feet interpretative/interactive
building and indoor exhibits.
Potential benefits to the City of Lubbock include (PROS):
1. NWP anticipates adding five full time jobs and seven part-time
positions.
2. Increase visitors to Ranching Heritage Center and Lubbock Lake
Site by providing an additional museum.
3. Catalyst to develop area near the Yellowhouse Canyon with other
improvements, i.e. relocate Prairie Dog Town and private
amphitheater development.
4. City of Lubbock will no longer be responsible for existing ground
maintenance, resulting in an annual savings of $7,425.
5. Possible increased convention activity from the addition of the
International Windmillers Association, which presently has 400
members.
6. Acquiring label of "Windmill Capital of the World" could greatly
enhance Lubbock's image and boost tourism. NWP indicates the
windmills collected are the largest single collection in the world.
NWP estimates the worth of windmills at $1 million. Less than
half of the windmills were purchased for $500,000, while the
remainder have been donated.
7. Good use of undeveloped park property.
8. Furthers objectives of the Goals for Lubbock: A Vision Into the
21 st Century document:
a. Coordinate and consolidate marketing efforts for
promotion of Lubbock and region as a visitor destination.
b. Develop Canyon Lakes, Mackenzie Park and South Plains
Fairgrounds as major recreation areas for citizens and
visitors.
C. Recognize, preserve and protect Lubbock's heritage and
historic resources.
d. Enhance quality of life for Lubbock citizens through a
comprehensive system to plan, acquire, develop, and
maintain public lands and recreation programs.
9. Complements current projects such as the Broadway Streetscape
project.
Impact to Parks and Recreation Department (CONS):
1. The Parks and Recreation Department currently utilizes three
buildings within the proposed site. Parks staff will have to
relocate personnel and equipment to replace the storage
capabilities and provide a work area for the crews. This could be
done by expanding the scope of a planned capital project of
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Regular City Council Meeting
January 22, 1998
Page 60
$90,000, by increasing it to $125,000 for additional space to
accommodate additional storage and work area for crews.
2. Two of the buildings currently used to repair and store
maintenance equipment require roof repair estimated to cost
$32,000. These repairs were planned expenditures in future
years. If this project is approved, the repairs would be
accelerated and completed in the spring of 1998. The estimated
cost will be lower because Montford Unit Trustees are qualified
to roof buildings. Staff is currently identifying the actual costs.
3. Total cost for the project to the city is estimated at $67,000.
However, by saving $7,425 annually, the City will recoup these
costs in nine years ($7,425 x 9 yrs. = $66,825).
Other Important Issues:
1. NWP indicates that securing land for this project is key to
acquiring corporate sponsors and obtaining $1.4 million from the
Lineberry Foundation in Midland, Texas.
2. A portion of the property proposed for this project was acquired
with the assistance of funds from the Bureau of Outdoor
Recreation administered by the Texas Parks and Wildlife
Department. Staff has received confirmation that the outdoor
windmill display portion of the project is compatible with outdoor
recreation activities.
3. Any project constructed on public land is required to have an
official review by the Texas Historical Commission Division of
Antiquities Protection. Preliminary archeological surveys have -
taken place and additional surveys will follow. Issues related to
archaeological finds will be resolved prior to NWP re -locating to
proposed site.
Intergovernmental Cooperation:
1. Lubbock County has agreed to provide mowing services to NWP
at the proposed site. NWP is solely responsible for ground
maintenance regardless of whether the County undertakes the
maintenance.
2. Inmates from the Montford prison will provide labor to clean the
area, paint buildings, and build brick signage and perimeter
fence.
3. Regarding Texas Tech and Foundation support, Coy Harris,
Executive Director of NWP, attended the City Council meeting to
address questions related to these areas.
The City of Lubbock has traditionally supported projects that enhance
Lubbock's image and tourism opportunities. Also, the Parks Board
unanimously approved NWP's request to locate the windmill collection
on the proposed Canyon Lakes site. NWP has the potential to attract
visitors to our community. With this in mind, staff recommended that
City Council approve the resolution and authorize the Mayor to execute
the proposed licensing agreement between NWP and the City of
Lubbock.
Regular City Council Meeting
January 22, 1998
Page 61
Tommy Gonzalez, Director of Culture and Leisure Services, presented
staff comments.
Motion was made by Councilmember Patterson, seconded by
Councilmember Ince to pass Resolution No. 5756 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
MISCELLANEOUS
(43.) Consider Resolution No. 5757 canvassing the returns and declaring
the results of the Special City Election held on January 17, 1998 for
the purpose of voting for or against the adoption of a three -eighths
(3/8) of one percent sales and use tax within the City of Lubbock for
the promotion and development of new and expanded business
enterprises.
RESOLUTION NO. 5757
A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE
RESULT OF THE SPECIAL CITY ELECTION HELD JANUARY 17, 1998, FOR
THE PURPOSE OF VOTING FOR OR AGAINST THE ADOPTION OF A SALES
AND USE TAX WITHIN THE CITY OF LUBBOCK FOR THE PROMOTION AND
DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE
RATE OF THREE -EIGHTHS (3/8) OF ONE PERCENT PURSUANT TO SECTION
4B OF ARTICLE 5190.6 OF VERNON'S ANNOTATED CIVIL STATUTES.
BE IT REMEMBERED THAT on the 22nd day of January, 1998, the City
Council of the City of Lubbock met at 10:30 a.m. at the regular meeting place of the
City Council in the City of Lubbock Municipal Building with the following members
present, to -wit:
Mayor Windy Sitton
Councilmember Alex "Ty" Cooke
Councilmember Max Ince
Councilmember David Nelson
Councilmember Randy Neugebauer
Councilmember T. J. Patterson
On motion of Councilmember Cooke, seconded by Councilmember Nelson, it is
unanimously carried that the returns of the Special City Election held January 17, 1998,
pursuant to Section 4B of Article 5190.6, V.A.C.S., and Chapter 321, Tax Code, be
opened and canvassed, and the results of the election be declared therefrom; and said
returns having been duly canvassed, it is found that the votes on the Proposition are as
follows:
PROPOSITION
THAT THERE BE ADOPTED A SALES
AND USE TAX FOR THE PROMOTION
AND DEVELOPMENT OF NEW AND
EXPANDED BUSINESS ENTERPRISES
AT THE RATE OF THREE -EIGHTHS (3/8)
OF ONE PERCENT
VOTES RECEIVED
FOR: 10,586
AGAINST: 17,988
TOTAL VOTES CAST: 28,593
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Regular City Council Meeting
January 22, 1998
Page 62
And it further appearing that said election was duly held as provided by law;
NOW THEREFORE:
IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL
OF THE CITY OF LUBBOCK:
THAT a majority of the qualified voters of the City of Lubbock voting in said
Special Election are against (for or against) the Proposition pertaining to the adoption of
a sales and use tax for the promotion and development of new and expanded business
enterprises at the rate of three -eighths (3/8) of one percent.
**********
PASSED, APPROVED AND ADOPTED ON MOTION OF COUNCILMEMBER
COOKE, SECONDED BY COUNCILMEMBER NELSON, THIS 22ND DAY OF
JANUARY, 1998, BY THE FOLLOWING VOTED:
COUNCILMEMBERS VOTING AYE:
Mayor Windy Sitton
Councilmember Alex "Ty" Cooke
Councilmember Max Ince
Councilmember David Nelson
Councilmember Randy Neugebauer
Councilmember T. J. Patterson
**********
COUNCILMEMBERS VOTING
NAY:
None
/s/ WINDY SITTON
WINDY SITTON, MAYOR
ATTEST:
/s/ Kaythie Darnell
Kaythie Darnell, City Secretary
APPROVED AS TO FORM:
/s/ Donald G. Vandiver
Donald G. Vandiver, First
Assistant City Attorney
This resolution will canvass the returns and declare the results of the
election as required by Chapter 67 of the Texas Election Code.
Kaythie Darnell, City Secretary, presented staff comments and
recommended approval of this resolution.
Motion was made by Councilmember Cooke, seconded by
Councilmember Nelson to pass Resolution No. 5757 as recommended by
staff. Motion carried: 6 Yeas, 0 Nays.
BOARD APPOINTMENTS
Motion was made by Councilmember Cooke, seconded by
Councilmember Patterson to confirm all appointments of board
members. Motion carried: 6 Yeas, 0 Nays.
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Regular City Council Meeting
January 22, 1998
Page 63
(44.) Confirm appointment of Bob Teaff to Building Board of Appeals.
(45.) Confirm appointment of Sharon Goldston and Judy Mayfield to the
Committee for Women.
(46.) Confirm appointment of Byrnie Bass to the Culture and Arts
Commission.
(47.) Confirm appointment of Corrine Wright to the Keep Lubbock
Beautiful Advisory Committee.
The citizens referenced above were selected for service during the City
Council executive session on January 8, 1998. They have all been
contacted and have agreed to serve.
2:50 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Councilmember
Cooke made a motion to adjourn; Councilmember Nelson seconded the
motion. Motion carried: 6 Yeas; 0 Nays. �/ ^
Y SI-f)rON, MAYOR
ATTI1 ST:
Kayth UeDarnell, City Secretary
Read and approved this Ahlt day of
ATTEST:
KaytbljDarnell, City Secretary
63